Govt. Claims/Sovereign Immunity

August 2019

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.

San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements

Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says

Fifth Circuit in substance says that state law overcomes the Bankruptcy Code’s broad definition of who’s a creditor entitled to notice.

Sovereign Immunity Doesn’t Insulate States from Lien Stripping

For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.

‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules

Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.